Unveiling the expanded scope of “State”: When private entities take public roles

Article 12 of the Indian Constitution defines โ€œStateโ€. In the initial years of Indiaโ€™s independence, the notion of โ€œstateโ€ was defined quite narrowly by the Supreme Court of India. It was only later that the Courts took a liberal view while interpreting โ€œStateโ€. Due to privatisation, there are more private organisations and corporations than ever before. It is essential that they fall under the definition of โ€œStateโ€ in order to enforce fundamental rights against them and devolve liability in a way that escorts the devolvement of power and authority from traditional bases like governmental organs to private players. This article examines the evolving interpretation of the term โ€œStateโ€ in the Indian Constitution in light of increasing privatization. It emphasizes the importance of safeguarding fundamental rights and explains how courts have expanded the definition of โ€œStateโ€ to hold private entities accountable.

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